by Matthew S. Bajko

San Francisco resident Jim Humes quietly made history this
month when he took the oath of office to become an associate justice of the state's
First District Court of Appeal's Division Four.

Humes, 53, is the first openly gay justice to be appointed
to the California Court of Appeals.

After hearing testimony December 20 from Humes's colleagues
inside the state Supreme Court's San Francisco courtroom, the three-person
Commission on Judicial Appointments unanimously approved his nomination to the
appellate bench.

"I am very honored and humbled to be here," Humes,
whose mother was seated by his side during the hearing, told the commission.
"I promise to follow my father's advice to work hard and to do the best I
can. I also promise to be passionate about the cause of justice."

The proceedings happened to fall on the 10th anniversary of
the death of his father, Don Humes. His mother, Shirley Humes, said she felt
that her late husband was with the family that day and "would be so proud
of him."

The Moline, Illinois resident added that during the hearing,
"I was thinking he has always been a wonderful son. I am so proud of
him."

The Lesbian and Gay Freedom Band surprised Humes, at the
invitation of his husband, with a celebratory performance afterwards. Later in
the day, at the state Capitol in Sacramento, Governor Jerry Brown presided over
Humes's swearing-in ceremony.

Just prior to Thanksgiving Brown named Humes to fill the
vacancy created by the retirement of Justice Patricia Sepulveda. He also named
lesbian lawyer Paula S. Rosenstein to the San Diego County Superior Court.

It was the first time that Brown had appointed openly gay or
lesbian people to court vacancies since returning to the governor's office in
2011. Humes's selection was hardly a surprise, though, as his name has long
been floated for a state judgeship.

Earlier this year the Los Angeles Times
reported that Humes likely would have been appointed
to a court vacancy by former Governor Arnold Schwarzenegger prior to his leaving
office. But Humes dropped out of contention to work for Brown on his
gubernatorial staff.

Since January Humes has served as the governor's executive
secretary for administration, legal affairs, and policy. Prior to that he had served
as the chief deputy in the attorney general's office when Brown served as California's
attorney general from 2007 to 2011.

The State Bar Commission on Judicial Nominees determined in
October that Humes would be "exceptionally well qualified," and that
he "has everything it takes to be an associate justice," said Lara M.
Krieger, the panel's vice chair.

Kate Kendell, executive director of the National Center for
Lesbian Rights, made note of the occasion's LGBT historical significance in her
remarks during last week's proceeding. Communities rarely have a say when a
member is tapped to be "the first," noted Kendell, adding that
sometimes the chosen person's actions can cause that community "to cringe
just a little bit."

Yet in picking Humes to break through the LGBT community's
glass ceiling in the state judiciary, the governor could not have found a
better nominee, Kendell said.

"With John we are not only making history but making
history with the finest possible choice," she said. "Our community
and the state of California could do no better."

Having first joined the California Department of Justice in
1993, Humes served in multiple positions, including chief assistant of the
civil division and senior assistant attorney general of the health, education,
and welfare section.

He had a role in presenting the state's arguments in two
marquee cases involving same-sex marriage. The first was known as In re
Marriage Cases, in which then-Attorney
General Bill Lockyer's office argued that voters had a right in 2000 to adopt
Proposition 22, which defined marriages in California as between a man and a
woman and was eventually struck down by the California Supreme Court.

The court's decision, in turn, led to Humes's involvement in
the legal fights over Proposition 8, the 2008 ban against same-sex marriage
adopted by California voters. This time he helped with Brown's briefing, first
as attorney general then as governor, as to why the state would not defend the
anti-gay measure in court.

California Solicitor General Manuel Medeiros noted how
ironic it was for Humes, who married his partner of 15 years, attorney Joe
Quinn, in 2008, to be involved in those cases. Yet it also showed Humes's
ability to be impartial in judicial proceedings, Medeiros told the appointments
commission, and was just one example of his "integrity" as a public
official.

"He is a brilliant lawyer and a tough litigator,"
said Medeiros, who was a witness to the couple's marriage.

J. Anthony Kline, the senior presiding justice of the First
Appellate District, Division Two, voted with Attorney General Kamala Harris and
California Chief Justice Tani G. Cantil-Sakauye to confirm Humes. He joked that
the hearing could have been mistaken for a "bar mitzvah" due to the
praise lavished on Humes.

Kline did ask Humes about his ability to be impartial on
cases brought before his court by former colleagues in state government. Humes
replied that he intends to recuse himself from any cases he "knew about or
worked on" as well as litigation where "any reasonable person could
question my impartiality."

Humes served in the Colorado Attorney General's office from
1984 to 1986 and again from 1987 to 1993. Humes was an associate at Banta Hoyt
Banta Greene Hannen and Everall PC from 1986 to 1987 and at Jay Stuart Radetsky
PC from 1983 to 1984.

He earned a Juris Doctorate degree from the University of
Denver, a Master of Social Science degree from the University of Colorado and a
Bachelor of Arts degree from Illinois State University.